Hi,

Please help to save my marriage. My husband has filed divorce on the ground of non consumate of marriage. which is in fact not true. How i can save my marriage.

Thanks

Wilful non-consummation of the marriage by one spouse amounts to mental cruelty, and entitles the other spouse to get the marriage dissolved by a decree of divorce. The onus, however, to prove that the marriage has not been consummated, lies on the spouse who sets up a case for divorce on this ground. It all boils down to medical evidence. 

@aarti,

what's the real facts in the case? was there any lack of cooperation or something else from ur side or his?

Nothing all was ok till marriage. It was decided by the family members before marriage that my husband will complete his studies from other city & i'll remain with my in law's house untill he comes back.  I don't know what happens to him he never showed any interest for same. And when he showed interest the time was very odd (being a joint family) i felt shy for same at that time. He came twice at home after marriage but nothing happen and now he toook same as legal ground.

It means he is fighting on true merits and he is having someone in other city.

No no not at all.

Aarti

You have said it is false allegation of non-consumated, gather the evidence and fight on merit.

Can i say to court that since marriage, we as a couple didn't spent any quality time with each other. as he came just twice to home and unfortunately my father was seriously ill and was in ICU on both the ocassions. Can i say to court that i never said no for same & still i m ready to live with him. 

Fight the case till your last day of life {Sorry if wording is harsh}.

Our court themselves will not give any decision in family cases of divorce until and unless both parties ary not compromising {In most of the cases}.

Think about your future and if he can give some lum sum amount that will be good.

In my view:

If one spouse is not ready to live with other ,how can any power of court/police can ask him to do so.

Yes you can say in your written statement. There is still chance to live together.Talk to your spouse or elders and find out the reason why he is doing so.Settle the matter amicably in counselling session or with elders.

Regards

Hemant